53 Amendments of Stanislav POLČÁK related to 2020/2006(INL)
Amendment 1 #
Motion for a resolution
Citation 5
Citation 5
- having regard to the 2030 United Nations Sustainable Development Goals (SDGs), in particular SDG 12 concerning responsible consumption and production and SDG 15, to protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss,
Amendment 5 #
Motion for a resolution
Citation 20
Citation 20
Amendment 11 #
Motion for a resolution
Citation 42 a (new)
Citation 42 a (new)
- having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation,
Amendment 12 #
Motion for a resolution
Citation 42 b (new)
Citation 42 b (new)
- having regard to its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries,
Amendment 13 #
Motion for a resolution
Citation 42 c (new)
Citation 42 c (new)
- having regard to the statement from civil society representatives on the EU’s Role in Protecting Forests and Rights of April 2018,
Amendment 14 #
Motion for a resolution
Citation 42 d (new)
Citation 42 d (new)
Amendment 15 #
Motion for a resolution
Citation 42 e (new)
Citation 42 e (new)
- having regard to Regulation (EU) No XXXX/XXXX of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment,
Amendment 16 #
Motion for a resolution
Citation 42 f (new)
Citation 42 f (new)
- having regard to the FAO report – The State of the World's Forests 2020,
Amendment 60 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas forests cover 30% of dry land and 80% of biological diversity can be found in them;
Amendment 64 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas forests have a cultural, social and spiritual value;
Amendment 66 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas forests are a source of livelihood and income for about 25% of the world’s population and their destruction has serious consequences for the livelihoods of the most vulnerable people, including indigenous peoples heavily dependent on forest ecosystems;
Amendment 69 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas, while in the EU forest cover has increased over recent decades (though its quality has declined), the rate of deforestation in other regions, namely in tropical areas, continues at alarming levels;
Amendment 70 #
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas between 1990 and 2016 alone, the world lost 1.3 million square kilometres of forest as a result of human activity, which amounts to 800 football fields disappearing every hour;
Amendment 71 #
Motion for a resolution
Recital B f (new)
Recital B f (new)
Bf. whereas public pressure for the fulfilment of non-productive forest functions is increasing worldwide, which is often in stark disagreement with the deteriorating condition of forests;
Amendment 81 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that approximately 80% of global deforestation is caused by the expansion of land used for agriculture; stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, ecosystem destruction and associated human rights violations across the globe;
Amendment 122 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that third-party certification schemes have played an important role in bringing together business and civil society to develop a common understanding of the problem of deforestation; observes, however, that voluntary third-party certification schemes alone, to date, are not effective incapable of fulfilling their main objective, namely halting and reversing global deforestation; notes that voluntary third-party certification can be an auxiliary tool to assess and mitigate deforestation risks when designed and implemented wellindependently and professionally with regard to the sustainability criteria it is based on, the robustness of the certification and accreditation process, independent monitoring, possibilities to monitor the supply chain, requirements to protect primary forests and promote sustainable forest management;
Amendment 152 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that, in many countries, deforestation is due to the lack of appropriate policies (such as land-use planning), unclear ownership relationships and other land rights, poor governance and law enforcement, illegal activities and insufficient investment in sustainable forest management;
Amendment 155 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that the conversion of pastures and agricultural land originally used for food and feed production to land for the production of biomass fuels (indirect change in land use) can also have a negative impact on forests;
Amendment 156 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recalls that in its Communication on Deforestation of 2008, the European Commission set the objective of halting global forest cover loss by 2030 at the latest and reducing gross tropical deforestation by at least 50% by 2020, though simultaneously, it warns that the second objective will almost certainly not be achieved;
Amendment 157 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the EU to provide appropriate support to the protection of existing and the creation of new and appropriately selected protected areas, especially in countries that are major timber producers;
Amendment 158 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the EU to make the provision of financial aid to partner countries conditional on the introduction of a functional system of binding conceptual instruments contributing to sustainable forest management (for example, forest management plans); emphasises that these are functional only if they are prepared with sufficient expertise and calls on the EU to set out and enforce clear rules for compliance with them;
Amendment 159 #
Motion for a resolution
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Notes that the current definition of the term forest, its categorisation, and a range of other terms and principles associated with deforestation by sustainable forest management adopted by relevant bodies, for example, the Agriculture Organisation of the United Nations (FAO), are purely technical and do not adequately differentiate between natural forest and forest plantations in which the economic function of the forest strongly outweighs its other functions, and emphasises that this could ultimately result in the distortion of data about the area and state of the world’s forests; calls on relevant stakeholders to unify the use of terminology in accordance with the wording given in the annex to the draft resolution, and emphasises the significance of this clarification for the effective use of related instruments;
Amendment 172 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the intention of the Commission to tackle global deforestation but asks for a more ambitious policy approach; calls on the Commission to present a proposal for an EU legal framework based on mandatory due diligence, reporting, disclosure and third- party participation requirements, as well as liability and penalties in case of breaches of obligations for all companies placing for the first time on the Union market commodities with the highest forest and ecosystem risks and products derived from these commodities, and access to justice and remedy for victims of breaches of these obligations; traceability obligations should be placed on traders on the Union market, to ensure sustainable and deforestation-free value chains, as laid down in the Annex to this resolution; emphasises that the same legal framework should apply to Union-based financial institutions providing money to companies that harvest, extract, produce or process forest and ecosystem-risk commodities and derived products;
Amendment 185 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that forest and ecosystem-risk commodities covered by this EU legal framework should be determined through the application of the precautionary principle on the basis of objective and science-based considerations that such commodities pose or could pose high risks for the destruction and degradation of forests and high-carbon stock and biodiversity-rich ecosystems, as well as for the rights of indigenous people and human rights in general;
Amendment 287 #
Motion for a resolution
Annex I – point 1 – paragraph 1
Annex I – point 1 – paragraph 1
The proposal for a Regulation (‘the proposal’) should provide the basis for the assurance of a high level of protection for exhaustible natural resources, such as natural forests and natural ecosystems, by ensuring that Union market and consumption patterns do not detrimentally affect natural forests and ecosystems, as well as on human rights affected by harvesting, extraction and production of products covered by the proposal.
Amendment 308 #
Motion for a resolution
Annex I – point 1 – paragraph 3
Annex I – point 1 – paragraph 3
It should establish an obligation to fulfilcontribute to the fulfilment of international environmental and human rights commitments takenand objectives adopted by the Union and its Member States, such as the Paris Agreement, the Sustainable Development Goals, and human rights obligations.
Amendment 316 #
Motion for a resolution
Annex I – point 2 – paragraph 1
Annex I – point 2 – paragraph 1
The proposal should apply to all economic operators, irrespective of their legal form, size or complexity of their value chains, i.e. any natural or legal person (excluding non-commercial consumers) that places commodities that are covered by the proposal and their derived products on the Union internal market for the first time. This should apply to both Union and non- Union-based operators. Operators that are not based in the Union should mandate an authorised representative to perform the tasks (in accordance with Regulation (EU) 2019/10201 of the European Parliament and of the Council). _________________ 1Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 326 #
Motion for a resolution
Annex I – point 2 – paragraph 2 – indent 1
Annex I – point 2 – paragraph 2 – indent 1
- do not originate from land obtained via the conversion of natural forests or other natural ecosystems;
Amendment 334 #
Motion for a resolution
Annex I – point 2 – paragraph 2 – indent 2
Annex I – point 2 – paragraph 2 – indent 2
- do not originate from natural forests and natural ecosystems undergoing degradation, and
Amendment 337 #
Motion for a resolution
Annex I – point 2 – paragraph 2 – indent 3
Annex I – point 2 – paragraph 2 – indent 3
- are not produced in, or are linked to, violation of human rights associated with forests of natural ecosystems.
Amendment 348 #
Motion for a resolution
Annex I – point 2 – paragraph 4
Annex I – point 2 – paragraph 4
The proposal should cover all commodities that are most frequently associated with deforestation, degradation of natural forest degradation, and natural ecosystem conversion and degradation. TA list of these commodities should be listprepared on the basis of an independent, expert evaluation taking into account the precautionary principle, and should be provided in an annex to theis proposal and comprise at least palm oil, soy, meat, leather, cocoa, coffee, rubber, and maize and all intermediate or final products that are derived from these commodities, and products that contain these commodities. In the event that the derived products contain input from more than one commodity covered by the proposal, due diligence should be performed with respect to each of these commodities. Commodities covered by Regulation (EU) No 995/20102 of the European Parliament and of the Council (‘the EU Timber Regulation’) should be integrated into the scope of the proposal within three years from the date of entry into force of the proposal. _________________ 2Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23).
Amendment 359 #
Motion for a resolution
Annex I – point 2 – paragraph 5
Annex I – point 2 – paragraph 5
The Commission should adopt delegated acts to amend the list of commodities and their derived products that are covered by the proposal if evidence emerges concerning the detrimental impact ofthere are justified concerns that their harvesting, extraction or production have a detrimental impact on natural forests, natural ecosystems or associated human rights.
Amendment 381 #
Motion for a resolution
Annex I – point 3 – point 3.1 – paragraph 2
Annex I – point 3 – point 3.1 – paragraph 2
Amendment 393 #
Motion for a resolution
Annex I – point 3 – point 3.2 – paragraph 2
Annex I – point 3 – point 3.2 – paragraph 2
Amendment 406 #
Motion for a resolution
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 1
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 1
Forest means land spanning more than 0.5 hectares with trees higher than 5 metres and a canopy cover of more than 10 percent, or trees able to reach these thresholds in situ. It does not include land that is predominantly under agricultural or other land use. Forest includes natural forests and foreststree plantations.
Amendment 418 #
Motion for a resolution
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 3
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 3
Deforestation means the loss of natural forest as a result of (i) conversion to agriculture or other non-forest land use; ii) conversion to plantation forest; iii) severe and sustained degradation caused by human activity.
Amendment 437 #
Motion for a resolution
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 6
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 6
Of these natural ecosystems, only land with high biodiversity value ecosystems and land with high-carbon stock as referred to in points (c) and (d) of Article 29(3) and point (a) of Article 29(4) of Directive 2018/20014 of the European Parliament and of the Council should fall under the scope of the proposal. _________________ 4Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 439 #
Motion for a resolution
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 7
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 7
Forest and ecosystem degradation is defined as an ensemble of changes within a forest or a natural ecosystem caused by human activity that significantly and negatively affect its species composition, structure, or function and reduce the ecosystem’s capacity to supply products, support biodiversity, or deliver ecosystem services.
Amendment 443 #
Motion for a resolution
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 8
Annex I – point 3 – point 3.3 – paragraph 1 – subparagraph 8
Ecosystem conversion is defined as a change of a natural ecosystem to another land cover or profound change in the natural ecosystem’s species composition, structure or function caused by human activity.
Amendment 464 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 1
Economic operators should take all necessary measures to respect and ensure respect for the environment anforests and natural ecosystems and to respect associated human rights throughout their entire value chain. This should include all types of business relationships of the undertaking with business partners and entities along its entire value chain (suppliers, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, and legal and other advisers), and any other non- State or state entity directly linked to its business operations, products or services.
Amendment 475 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point a – paragraph 1
Economic operators should have a complete overview of all actors at all levels of their value chains, be it suppliers, franchisees, licensees, joint ventures, investors, clients, contractors, customers, consultants, financial, and legal and other advise and contractors.
Amendment 490 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point b – paragraph 1
Where an economic operator sets up new operations or engages new business partners, it should identify the actors involved in the new supply chain, and assess their policies and practices, as well as their harvesting, production, extraction and processing sites. For existing operations, ongoing adverse impacts and harms as well as potential risks should be identified and assessed. Risks analysis should be done with regard to the risks occurring from the economic operator’s activities to, or impact on, the environment,forests and natural ecosystems and individuals or communities affected, rather than material risk to corporate shareholders.
Amendment 498 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point d – introductory part
Annex I – point 4 – point 4.1 – paragraph 3 – point d – introductory part
d. Ceasing environmental andamage to forests and natural ecosystems or associated human rights abuses
Amendment 502 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point d – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point d – paragraph 1
Economic operators should cease all operations that cause, contribute to or potentially cause or contribute to adverse impacts on forests, natural ecosystems or associated human rights that cannot be prevented.
Amendment 525 #
Motion for a resolution
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
Annex I – point 4 – point 4.1 – paragraph 3 – point g – paragraph 1
The Union may negotiate Voluntary Partnership Agreements with FERC- producing countries (partner countries), which create a legally binding obligation for the parties to implement a licensing scheme and to regulate trade in FERCs in accordance with the national law of the FERC-producing country and the environmental ancriteria for the protection of forests, natural ecosystems and associated human rights criteria laid out in the proposal. FERCs which originate in partner countries with Voluntary Partnership Agreements should be considered to be of negligible risk for the purpose of the proposal.
Amendment 534 #
Motion for a resolution
Annex I – point 4 – point 4.2 – paragraph 1 – point d
Annex I – point 4 – point 4.2 – paragraph 1 – point d
d) establish an early-warning mechanism that give an opportunity to workers and interested parties with substantiated concerns to inform the economic operator about any risk of harm to forests and natural ecosystems throughout the entire value chain. The economic operator should take this information into account in its due diligence processes.
Amendment 539 #
Motion for a resolution
Annex I – point 4 – point 4.3 – paragraph 1
Annex I – point 4 – point 4.3 – paragraph 1
Economic operators should routinely report on their due diligence and consultation processes, the risks identified, their procedures for risk analysis, risk mitigation and remediation, and their implementation and outcomes to the competent authority and in a public, accessible and appropriate manner, which will not disproportionately burden small and medium-sized enterprises in particular.
Amendment 556 #
Motion for a resolution
Annex I – point 4 – point 4.5 – paragraph 2
Annex I – point 4 – point 4.5 – paragraph 2
To support economic operators in conducting their due diligence obligations, the Commission should publish regional hotspot analyses with regard to FERCforest and natural ecosystem-risk commodities.
Amendment 560 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
Annex I – point 5 – point 5.1 – paragraph 1 – point a – introductory part
a. Providing for proportionate, effective and dissuasive penalties and sanctions for non-compliance with any of the above-mentioned obligations and where non-compliance with any of the above-mentioned obligations causes, contributes to, is linked to, or aggravates, abuses or the risk of environmental damage ordamage to forests or natural ecosystems or associated human rights abuse; This could include:
Amendment 563 #
Motion for a resolution
Annex I – point 5 – point 5.1 – paragraph 1 – point a – point i
Annex I – point 5 – point 5.1 – paragraph 1 – point a – point i
i. monetary penalties proportionate to the environmental ordamage to forests, natural ecosystems or associated human rights damage, the value of the commodities and derived products at hand, and the tax losses and economic detriment resulting from the infringement;
Amendment 584 #
Motion for a resolution
Annex I – point 5 – point 5.2 – point a – paragraph 1 – point i
Annex I – point 5 – point 5.2 – point a – paragraph 1 – point i
i) jointly and severally liable for harm arising out of human rights or environmental abuseabuses or damage to forests and natural ecosystems, as set out in the proposal, caused, aggravated, contributed by or linked to controlled or economically dependent entities;
Amendment 588 #
Motion for a resolution
Annex I – point 5 – point 5.2 – point a – paragraph 1 – point ii
Annex I – point 5 – point 5.2 – point a – paragraph 1 – point ii
ii) liable for harm arising out of human rights or environmentaldamage to forests and natural ecosystems or associated human rights abuses directly linked to their products, services or operations through a business relationship, unless they can prove they acted with due care and took all reasonable measures given the circumstances that could have prevented the harm. Economic operators may therefore discharge their liability if they can prove that they took all due care to identify and avoid the damage.
Amendment 599 #
Motion for a resolution
Annex I – point 6 – point 6.2 – paragraph 1
Annex I – point 6 – point 6.2 – paragraph 1
Member States may introduce or maintain provisions that go beyond the provisions set out in the proposal as regards the protection of human rights and the environmental standards along the FERCsforest and natural ecosystem-risk commodity supply chain.